Rahul Kumar (Business Analyst) 13 January 2013

What is the procedure of taking bail in a complaint case?

Hi,

My mother has filed a criminal complaint case in local court against my wife and in-laws u/s 406, 420, 120-B and 506 IPC as my wife had taken jewellery worth lacs from my mom as she had given to her to deposit in joint bank locker which she didn't returned it after sending her a legal notice in this regard. Still her statements and other witnesses statements are left to be recorded by court u/s 200 and 202 Cr.P.C.

Now my question is that after the statements will the court issue summons and will the other party have to seek bail from court. What is the procedure of getting a bail in a complaint case and whether we will get a chance to oppose their bail, if yes on what grounds can their bail be opposed in court so that they don't get bail easily from lower court?

Actually what is the procedure in a criminal complaint case or how the case will move forward?

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2 Replies

Kamal Shah (self employed) 13 January 2013

If you get the proper reply , please do share with us. This issue is very much interesting .

Saurabh..V (Law Consultant) 14 January 2013

@Author

The procedure in any "Criminal Case", moves as stated below:

- FIR is filed

- Investigation is allotted to an Inspector and after completion, chargesheet is filed before area magistrate

- Magistrate takes congnizance of the case

- If the case is specifically triable by Sessions Court then, commits the case else goes on to try himself

- The trial court calls the witnesses one by one as prayed by Prosecution

- Defence side is given opportunity to cross-examine the witnesses

- Once Prosecution Evidence is closed, the accused is given opprotunity to lead Defence Evidence (if any)

- The accused's statement is recorded

- Final arguments are heard by the Presiding Officer (Judge) from both parties

- Final Judgment delivered.

Now the process of bail could be done in two ways.

When no arrest was made: In case where FIR is registered under such sections which are Cognizable and Non-Bailable, and police is yet to arrest the accused(s), you have to move to Sessions Court with an application under S.438CrPC for Anticipatory Bail. In case your bail is rejected, then you may move High Court and then Supreme Court is need be.

When accused is already arrested: In case accused(s) is already in police / judicial custody, then you have to move to the trial court under S.439CrPC for Regular Bail. In case this court rejects your bail you may move to higher courts as stated above.

It is imperative that if the court allows your bail application, then you would be required to submit a bail-bond and fulfil all requesities as demanded by the court.

I hope this information suffice your turbulences.

All the best!

//peace

/Saurabh..V